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1966-10-06AGENDA - "Ot% OF WAPPINGER TOWN BOARD OCTOBER 6, 1966 Accept minutes of Regular meeting of Sept. 8, 1966 2, Bills: General Fund: Highway: 3. Reports Justices of the Peace Building Inspector 3A. Mr, Clausen 4(. Correspondence: a. Letter to Counsel from William Rowland re: VA Hospital Reservation, Castle Point b. Letters from residents of Quiet Acres re offensive odors of L&A Filtration c. Letter to Counsel from CraF S lber re: Mid -Point Pk. d. Letter to Counsel from Wen Indzonka re: Town of Wappinger a Schoonmaker Bros. e. Letter to Alien Indzonka from Counsel re: Town of Wappinger vs. Schoonmaker Bros. f. Letter to Counsel from John Williamson re: Chelsea property fo, recreational purposes g. Mr, d Mrs. John Ferris h. Letter from Planning re Mr. B.som 1. Late Correspondence Rockingham Farm Sewer Operator Bids 6. Cor to l l i no 7. Raymond 8 May 8. Engineer to the Town 9. Request consent to form Transportation Corp. Spook Hill Sewage Disposal Co. 10. Request for special permit to operate a gravel & topsoil business from Howard Prager 11. Temporary Sandfilter - Rockingham Farm 12. Two Resolutions on Rockingham Sewer 13. Mr. Fulton: Sanitary Landfill Bulger - move that the building inspector of the Town be directed to investigate all the complaints within tkx his jurisdiction, secondlyk, the Town Boarddirects him to , withhold the issuance of further certificates of occupancy until the coreections on the complaints under his jurisdiction are made and withdraw any certificates of occupancy which. have been issued and which he legally can withdraw. Thirdly, wxxuixxmtx the Town direct a communicationto the County Department of Health requesting that they investigate the water supply to the apartments and the,complaints regarding the ii failure to furnish heat if these are within the jurisdiction of the County Health Dept. Fourthly, that. we write x to the Attorney General d advising him of the complaints we have received in regard• to the leases and the promises made to the tenants prior to occupancy, by the owners. tow TOWN BOARD MEETING - OCTOBER 6. 1966 Called to order at 7s10 p.m. OPEN DISCUSSION - Eli Cassorla - those of us here represent at least a dozen families in the Royal View Apartments on Maloney Road. We're here to ask the Board for some help if you can give it to us and some advice if they are beyond your helping us. We are interested in getting some kind of eleviation of some of the criticisms we have. Large hole in one of the basements. We've repeatedly asked to have it taken oare of. The Building Inspector was down there and can verify to this if he's around. The hole is in the basement floor. Basement is poorly lighted. Women come down there to do the laundry. Fulton - the hole in the floor appeared to be excavation for a sunken pump. +r,,,,,. Cassorla - yes. In addition, we don't have basements in every building, but in those buildings we do have them there are no light bulbs. As you know, a lot of us work and are not around in the daytime and have to do our laundry at night. Help us out in preventing these things from happening again. We were promised there would be laundry facilities in every building and individual storage in every building. Not every building has a basement. As an example of poor construction, one man opened a sliding door onto a patios¢ and it fell out in his hands. The management said it was loose for awhile. Why wasn't it fixed before he came in? In terms of sanitation, our garbage containers were poorly distributed up until recently. Now, for instance, they have been installing garbage bins around the premises and they are more accessible to everyone. We hope there is some kind of an ordinance or address we can get from counsel. Animals have been getting into garbage. All along we have been asked to bear with the management and give them more time to make altlrations and repairs. We feel all of these should have been -2- taken care of before we got in. Some of the safety haaards - several basement windows are broken. A good wind will push most of those windows in. Hazard of failing into basement. Cellar windows - many don't have panes. Stair wells leading into cellar are missing handrails. We thine that the construction around there has been pretty shottjr. When we take baseboards off, we can see jagged hol&s. Mice, insects, etc. are getting in. We gz feel Building Inspector should be invited up to look at these individual instances. Furthermore, the workmen around there apparently seem to be laidasal about keeping the area clean. Broken materials strewn about he premises. Water is salty and sandy. Building Inspector said it seemed to him as though it might be over- softened which might have caused the salt. We are presenting this speciment of water with sand in it which has been coming through in the buildings. S Not fit to drink. That was taken from a faucet within the bar last day or so. We have been recently experiencing periods of no water at all. If we do get water, sometimes there is no hot water. We had a 2U-hour period with no water at all. Question we would like to bring up to counsel. We understand there may be some kind of a State law that no landlord of multiple dwellings is required to provide heat until October 15. For the past several nights, the temperature has gotten down to 37. One of our residents has 5 children. He had broken window and that wasn't fixed either. We were wondering if we could get some kind of health authorities down there. Smell from farm down the road but that's beyond jurisdiction of this mum& council. Illx As of now I think there are 3 washing machines serving approximately 50 or 60 families. We certainly think that if the landlord's agents make representations to us they should live up to them. We think it's time they cut out representations or either put up or shut up. Gives the area a black eye to have this type of landlord. Some efforts have been made since word got out to management that we were coming to you people. The efforts that have been made, we feel, were invasion of privacy. fir,. They came around without notification invading privacy of homes and leaving a mess in several apartments. Another thing, possibility of getting your help with federal authorities in regard to postal boxes. Put up on plain frames. Some delivery trucks and other vehicles have managed to bang into these boxes. Put up scimpily and are about to fall down. We think there should be some laws regulating how these should be put up and hope you can get assistance of authorities on this. Furnace - building inspector was down a couple of weeks ago, he thought it represented a fire hazard because the oil was leaking all over the floor. Every time it fired up it shook the whol4 building. Inspector told manager to fix this up. It was fixed within 24 hours, but 24 hours later the same thing was going on again. We feel we should be able to call upon the inspector at any time to come down and inspect. Ila'" Walls coming apart at the seams, very prevailant in at least one building. This appears to be plain shotty construction. No attention was paid to the lasting quality of this type of construction. We realize inspection had to be made. Things look fine when they're new. This may raise questions in your mind, why did we even sign leases? Answer is simple, a place looks real nice when you first see it and it is freshly painted. People have washed walls and gotten right down to the sheet rocking. We don't think this is the type of construction the Board would like to see in the Town of Wappinger. If this is not against building code, we hope the building code will be updated so that the people who live in Wappinger will be proud to live in Wappinger. NS Progressive multiple law. Thank you very much. Joseph Dutorio - you might ask why we moved into this place. Because it was a nice place. French door came up in my hands. My windows don't close. Ile said he would have them fixed. We pay a pretty good t price to live in this place. The price for what we're getting is not what it's fir+ mmtk worth. I can hear a baby crying three apartments down from me. Thin walls. May not be a health hazard to you, but can be to someone who is nervous. Menschu - in contracts or leases? Dutorio - Section in the contract said we can't sue the management in any way. If the ceiling shoubd fall while you were eating, you cannot do anything to management. Our lease definitely says if a limb falls from tree outside we cannot sue anyone connected with that building. Bulger - have you consulted a lawyer? Patty Ann Roberts - lease, they said it was a standard New York State lease. Paragraph 10- cannot bring suit against management if the ceiling falls down. Cassorla - it is readily apparent to anyone who slug signs a lease that management will not be held for representation made by anyone outside the lease. Something should be =done about rental agents making false representations. He oan show you a blueprint that showed laundry facilities in every buildings and showed individual storage in every building. Point we want to make is we don't want to take any action against this management. We want to protect future tenants in the Town of Wappingers Protect everyone. Representatives by agents. It is not that we have any legal redress. We know this. We're trying to help out other people. Talking about windows, just about everybody up here has families, many young couples without children, and many families with children. In almost every apartment, windows are drafty and leaky. My windows were caulked at is thrde tt!%zRLt # times in three different places in the last three weeks and it doesn't stop the rain from coming in. Bulger - the new section, is that the one up on the hill? Cassorla - yes sir. Bulger - newer buildings, is that right? Cassorla - there are 10 buildingspctszitkst that we're representing. -5- 8 new buildings and 2 new buildings ( L & M ) in the older complex, Summit Gardens. Quinn - there is a possibility, assuming that the facts obtain, a section that complaints of this nature can be made to capital in Albany, New York. Fulton - what you want is the consumer building, Attorney General's office. Cortellino - the man is Robert Crean (Green ?) and he's in New York. Cassorla - identify this gentleman to us? Fulton - Attorney to the Town, Mr. Quinn. Quinn - consumer frauds bureau. Duborio - have we a representative here that takes in the Summit Gardens? I would like to invite one of you up there to go through these apartments. Fulton - I have been there. 461. Dutorio - not griping about the money, only what we are getting for it. Fulton - is the furnace fixed? Paula Rutske - I have had the building inspected 4 times. There is a terrific vibration when this furnace goes off. My complaint was that this was dangerous and I have smelled oil constantly. Windows rattle when the furnace goes on. Windows rattle so loud I can't sleep. Furnace door is constantly open and anyone could gt go in and !alt fool around with the adjustments on the furnace. He saidi furnace has got to have air when it goes off. Windows were rattling, it shakes the place, vibrates my apartment. They have put an add in the paper lowering the rents. $118 for one -bedroom lowered to $98.34. $145 lowered to $118.34. One -bedroom t with formal dining room lowered from $124 t0 $104. They've changed it as a result of a petition Weipresented. They raised it to $133.85 from $118. They have completely ignored us. We've sent registered letters with signatures that have been notarized. Carl Nord - 2 -bedroom $145. I thlught if I could get it for $118 rent, it would be worth a try. I called the office and she told me "don't worry about it, it's false advertising, just a gimmick." Dutorio - this laundry business - I pay 1169 a month and I don't have laundry facilities. I don't have a basement to put anything in either. Helen Caydon - press asking why we did sign lease - a lot of it was in good faith. We were told that we were going to have air conditioners. Int the summer they give you hot air. Storage drawers in the bottom of the stoves, you can't use because they built radiators righty against them. We thought you people should know a little bit what's going on in your Town. Sam Tregor - complaints week after week, meeting after meeting, all about building codes. Can't you do something to strengthen building code? It's ridiculous. Cortellino - during last meeting a topic came up concerning Rockingham sewer district. Motion or resolution was passed to apply for federal aid. Fulton - application for expansion of facilities. Bulger - to apply for State or Federal aid where applicable. Cortellino - the facilities are adequate for the district in existence now. What's the expansion? (Elaine, someone replied it was for Alpert's development, but I don't hav2e it in my notes) Fulton - State and Federal funds available for new construction or expansion of sewer v:,../ plants. These funds available. Nwe Francese - we're going km into tertiary treatment, best possible treatment known for sewer plants. Cortellino - it was my understanding last summer that the sand filter ......111A 4,.% i.nf^rn 44. c.fs a 4•»rnoA nvor _ Fulton - provisions we would proceed to put filters in within reasonable time. Cortellino - further expansion puts other franchise operators at a disadvantage. Prevents further expansion of franchise. That means no further possibility of L & A expanding. Bulger - what do you think Mr. Lafko's opinion of that ownership? Cortellino - can you get federal and state aid by district and the district pays for it? Fulton - within the metes and bounds of that district pays for it. Open Session Closed at 7:47 p.m. Fulton - in regards to this Bash situation, I would like to add a little bit before we go on. I took the occasion to go there with Mr. Gutmann when Mr. Ludewig was on vacation. I was there and experienced it. The furnace shook the building and it was quite annoying. I advised Mr. Gutmann to advise owner we would like to see it repaired immediately. They were contacted and something was done, but apparently didn't work. I understand there are temporary permits allowed there. (Elaine, I think he must have meant c.o.'s) First, I suggest we start from health and safety. Alert health department asking them to investigate water and report to us on it (County Health Dept.). Some of the complaints we can act on and some we can't, they don't fall within our m jurisdiction. Other violations, have building inspector go there and make list of these and stop immediate occupancy of any more apartments until he feel satisfaction that these things have been cleared up. MHO[ Quinn - if there are violations of the building code, inspector can submit evidence and we will be very glad to start action under Ordinance and under penal code. Fulton - our attorney has advised them they have recourse with attorney general's office. Bulger - might be advisable for us to write to attorney general on behalf of these people. Indicate that we have these complaints and that we would appreciate an investigation by his office at the earliest possible moment. In the meantime, I would add to all you folks who do reside there, if you can possibly manage it, I think that if you took your lease to an attorney who represents you, you might find he would have some opinions about it which ® you would seem not to hold. Rather not say anything further than that. Fulton - we want building inspector to report back to Board at the next meeting. Bulger - two things for the record, before you leave we would like to have your names and addresses, the reason is so that you will be available to representatives of the Attorney General's office us so that we can say that these are the individuals who have come to us and complained. Francese - may I further suggest that each of these people who have complained also write a letter to the Attorney General's office as well, because complaints from individuals are just as wi weighty as complaints from this Town. Bulger - do you people have a representative? Cassorla (Eli), Bldg.# 1, Apt.# 1, Royal View Apartments, Maloney Road, Poughkeepsie, New York 12603. Fulton - also recommend to the Board, to tie this thing up fine, can we have the fire department in the area inspect the premises? Bulger - don't have any legal right to do so. Francese - can we contact Board of Fire Underwriters? Quinn - they have no right to deal with them. Bulger - another approach, but don't want to speak of it publicly at the moment. One other thing, it might be well for us to contact the public service commission nn tkn text= or the water resource commission. Fulton - water resource commission. Quinn - local health department. Francese - also carry follow-up to resource commission with a copy of the letter? Bulger - move that the building inspector of the Town be directed to investigate all the complaints within his jurisdiction and the second part should indicate that the Town Board directs him to withhold the issuance of further certificates of occupancy watt kimenmsnettnnz en and withdraw any certificates of occupancy which have been issued and which he legally can withdraw until the corrections on the complaints under his jurisdiction are made. Secondly that the Town t direct a communication to the County Dept. of health requesting that they investigate the water supply to the apartments and the complaints regarding the failure to furnish heat if these are within the jurisdiction of the County Health Dept. Thirdly, that we write to the Attorney General advising him of the complaints we have received in regard to the leases and the promises made to the tenants prior to occupancy by the owners. Seconded by Francese. Unanimous. Fulton - in the event that occupancy permits have been issued, can they be withdrawn? Bulger - if c.o. has been issued for unoccupied dwelling, they can be withdrawn? Quinn - if the whole building is not occupied. 1 would say others can be cancelled if building inspector finds grounds for it. A little premature at this time. The Board informed the people of this motion. Fulton - going to limit interruptions. 1. Minutes of September 8, 1966 meeting. Bulger - move adoption of the minutes, subject to amended corrections. Seconded by Fulton. Unanimous. 2. Bills - Bulger - move approval of bills, subject to audit. Seconded by Clausen. Unanimous. 3. Reports - Justices of the Peace. • Supervisor - Francese - State aid for transportation, how often does that come in? Fulton - quarterly. Building Inspector. Let record show that reports of j.p.'s, building inspector, and supervisor are received and filed. 4. mown Correspondence: a. Letter from General Service Administration, William Roland to K Joseph Quinn, in reference to Castle Point. Fulton - in regards to that letter, are we in conflict with the County on this? -11 - Quinn - I'm afraid so. This is the possibility of acquisition of **o„ matimab excessive property at Castle Point Hospital facility. Mr. Diehl asked firm to look into possibility of recreation purposes. Office of General Services in New York City informed us and also informed by County's representatives they have interest in acquiring property for the same purposes. Looks to me like there would be acres available down there. Preparing descriptions and appraisals. ,appears from federal courts and explanation from department that any municipal purchaser will be obliged to pay 50% of the appraisal price. Depending on what this price is, we might have situation of economic impossibility and it might be very easy for the County to swing. Competition between municipalities should be eliminated. Fulton - some of it in the Town of Fishkill? Quinn - I think it is. Bulger - funk 1 have feeling it is a very small acreage. Also, noted in local press in today's edition, the Town of Fishkill decided not to file a claim for any of this property and defer it to the county, also indicated that if the county did not exercise its right. Fulton - any possibility we can have a portion of this land? Quinn - I think there is possibly very good. Neither the county or any of the Towns could b have made any plans on this because it's in not even definite at this time. I would think that either some member of this Board can f very quickly confer with the county attorney's office or with the county planning board. They're having a survey done at the present time. The area will be mapped and maps will be furnished to applicants. Fulton - is there a possibility here that we might want to take 5 acres SwF and let the county take the rest? Is there an advantage for the Town of Wappinger having complete jurisdiction over so many acres and let the county take the rest? Quinn - slightly premature, but one of the requisites is that any applicant present a formal and detailed plan of the development that they plan or anticipate and as soon as estimates are available, if we are to do something, it will be necessary to retain an engineering firm probably, and other technical personnel to prepare such a plan. Fulton - just recreation, or is this land available for any use? Quinn - excerpts from their regulations. Recreations is one of the uses which qualifies for an abatement of purchase price. Some of the possible uses municipality would be required to pay full purchase price. Other uses to which the property might be devoted, qualify for partial aid or partial reduction of the purchase price. Francese - it is my understanding that should this land be made available that the County has first choice. Quinn - don't believe that is true. In my experience, these agencies are very earnest in trying to get as much money out of the land as they can. They like to see competitive prices. Fulton - Board of Supervisors meeting Monday. Possibility Town of Wappinger would want to share this land. I don't think we would want anything less than 5 acres. Francese - intent of this Board that we would be chis very, very tic interested in it. Quinn - office of general services has asked the Town to make its position and intentions known and get ready to prepare formal plans if we are interested. They want them with formality and detail. You will be advised of appraisal price. Fulton - advise attorney to advise them what our feelings are and let the County know what we're doing here. Quinn - if the proper ground work were laid. There might be some sort of bond bidding arrangment between the towns. Francese - do you think it would necessitate any action at this time? Bulger - haven't got a concrete proposal. Francese - we should wait? Quinn - yes. Fulton - refer it to attorney. Quinn - any correspondence that we've had, we sent copy to Town Clerk, copies for every Town Board member. Fulton - I believe that this particular piece of property takes in what was obviously a ball field. Bulger - Diehl took a tour early summer or late spring. It was ball park, but I'm not so sure it is at an edge where we can work out a solution with the county. Are you also going to present our general feelings? Fulton - bring it to County Monday. b. Letters from Quiet Acres about odors noticed at the Quibt Acres sewer plant (L & A). Fulton - did we get answer from the county on this? Elaine - no. They got copies of the letters and are acting on it. Tr Crrri -i-v c. Letters tram Carl Silber "Neer. Quinn IND Quinn - the first of these letters relates to the requirement of a previously executed agreement that Mid -Point Filtration Corporation furnish a performance bond for conttruction and maintenance of sewer project to serve a development and, secondly, requirement that the stock of that organization be flirt furnished to the Town Clerk. Asp of this noontime the $125,000 bond was delivered by hand to our office and we examined it and found that it does not cover our agreement. It merely covers completion, and not maintenance during ownership. Surety question in the State of New York. To the best of my knowledge, as of this afternoon, the Town Clerk has not received deposit of the corporate stock. As far as Building Inspector is concerned, he has been assisting us in this and has denied building permits and certificates of occupancy until this thing is completed. Bulger - you were going to look into whether or not we can revoke permission to be formed into corporation. Quinn - there can be no revocation of that. The only one who could revoke charter would be the Secretary of State of the State of New York. d. & e. -Correspondence with Alien Indzonka - Bulger - since I received copies of these letters, although up until now I have tried to avoid any involvement in statements of this nature which might prejudice me one way or another, I fail to see how I can continue to have this case as a matter for judicial action. I have, therefore, requested counsel to the Town to prepare an order in County Court to provide transfer. Clausen - the letter to Mr. Quinn and his answer back to Indzonka - I believe that these charges should not be dropped. Mr. Bulger pointed out they should be seen through in a court of law. Agree with Bulger's move and moving it in that direction. Fulton - personal comment, I think that this situation with Schoonmaker was unfortunate. I think their actions in the situation were more than honorable. I have been advised that if the Town Board would recommend we drop the charges, we would be opening some ma sort of "Pandora's Box" to all builders. Schoonmaker has more than made restitution to the Town and the fact that they are turning over an excellent sewer system with very little consideration, it is my opinion that this be withdrawn from the courts. Quinn - I think that the facts that are and have been available to all Town Board members since the inception of this matter and the placing of the charges strongly indicates that if txwa either this matter is transferred for hear at the Dutchess County Grand Jury or goes to trial on merits because of representations made and encouragement given to this corporation by representatives of the Town of Wappinger during 1965, I think there can be no outcome but an acquittal. I doubt if conviction can be secured. Certainly the facts within possession and immediate reach of the Town Board shall go very strongly in mitigation here. This was the reason for my concurrence with Mr. Indzonka's suggestion. I am most aware of what he can do in this situation. f. Letter from Mr. Williamson - Bulger - probably should write a letter back thanking Mr. Williamson for his interest. Quinn - I think he was torn between two situations. I sympathize with him. He did want to be of help to the Town. g. Letter from Mr. & Mrs. Ferris - County Road. -16 - Bulger - motion - refer it to the County Superintendent of Highways and advise letter writer t what we have done, and a letter to the County Superintendent of Highways stating that the Town Board recommends it. Seconded by Francese. Unanimous h. Letter from Planning Board - Bulger - ask them to have this and the other problems of similar nature reviewed by the Planning Consultants. Quinn - I think the idea of the consultant is good but I think that, if I recall correctly, at one time the Planning Board came in and advocated revision to the Zoning Ordinance for "across-the-board" revision of non -conforming uses being expanded. The legality of such a resolution is certainly questionable. It is the feeling of Counsel that such situations should be reviewed, each on its own merits. I think any referral of this thing shouldn't just get down to a matter of technicalities but reviewed on merits of this particular case. Fulton - working to get this thing taken care of. Get opinion of the consultants. I think this is probably top priority. Clausen - isn't the avenue open for Mr. Bisom to request rezoning? Fulton - at one time he was reluctant to press this because his wife was a member of the Planning Board. I think that his position really is he wants the Town Board and Planning Board to consider non -conforming property and possibly rezoning. Clausen - is he concerned about his own property or non -conforming uses '11r in general? SUSPEND RULES Clausen (to Bisom) - your problem has been before us many times. Our attorney agrees you have the avenue open for you to consider requesting a rezoning. Bisom - I'm not thinking about myself. I have been asking about that for the past couple of years. Clausen - we have a policy of reviewing each case on its own merits. Is this a hardship case? Bisom - the last time I spoke to Mr. Ludewig I said that I w have a violation on my property from the Board of Health. Clausen - Board won't or can't make a blanket ruling on all cases. Quinn (to Bisom) - if you want to do that, this will involve your making a request and furnishing the Board with a description of the area to be rezoned. Metes and bounds description - requirement of the statute. You might be able to save yourself some time and expense by having someone assist you with something from the tax maps. It should come in in writing. Bisom - I'll have it at the next meeting. Bulger - move to resume rules. Seconded by Francese. Unanimous. i. Letter from Stanley Ries - pertaining to assessors' salaries. Quinn - record should show here there is a statement made in the record that the tentative tax rolls were not available until June 14, therefore, not in compliance with Section 506 of the Real Property Law. I know of my own knowledge that an appropriate copy of the role was prepared and filed on June 1. Notice of the availability for inspection was posted on the Town Clerk's bulletin board. It was published in the W & SD news. Complete statutory compliance and record should show that the statement is incorrect. I think Town Clerk can also varify that. Fulton - his insinuation is of vital interest. I think the statement Joe (Quinn) has made should be part of a letter. Motion made by Francese. RECESS - 8:58 p.m. RECONVENED - 9:48 p.m. Motion seconded by Clausen. Unanimous. i. Late correspondence - 1. Correspondence from Mr. Quinn to Mr. Pagano - Quinn - seeking aid on the Rockingham Sewer District. He is the Health Department official who must be contacted. 2. Letter from Mr. Zak - Fulton - Mr. Zak was heae and he left. He missed agenda for this meeting and wants to be on the agenda of the next meeting. 3. Letter from Mrs. Oberle - In reference to traffic light at intersection of Chelsea Road & Route 9D. Bulger - agree that the device is warranted. State and Town Roads. We need the approval of the County Superintendent of Highways before we can send it to the State Traffic Commission. Francese - write a letter to State Traffic Commission and the Supt. of Highways of the New York State Highway Dept. and the Dutchess County Highway Dept., also request in letter to Dutchess County Highway Dept. recommendation of this to the State. Seconded by Clausen. Bulger - some of the primary reasons should be established in the letter - increased traffic flow due to the opening of Route 84, Beacon -Newburgh bridge. Francese - Chelsea Ridge Apts. have increased population in the area. Unanimous. Bulger - are we binding the State by asking for light specifically? We should ask for appropriate traffic control. 4. Letter from State Dept. of Health, Mr. Pagano - Rockingham sand filter - bids were brought up. Bid from Lafko $1450, bid from ECC $2645. Engineer has said k that both bids meet specifications. Motion made by Fulton to accept the low bid of F.J. Lafko. Seconded by Bulger. Unanimous, 5. Letter from ECC - Fulton - offer of interim service to our sewer plants. Problem here. Interim period contract for the operation of a system in its infancy. I don't know at what point this becomes a full-grown plant. Quinn - one of the problems - we have two bids under consideration. They are both submitted for service of Rockingham District. I got a little confused earlier when I saw this thing. We have a previous solicitation for bids but before we even had that, we had an earlier offer from Lafko's firm to perform work on a interim basis at a rate which would not exceed the rate submitted finally by a low bidder. I thought that this was some kind of a matching offer, and I wondered what it meant exactly. But now as I interpret this, and if there is anybody here from that corporation they can probably clarify it, what they are saying in effect is they are willing to reduce their bid from $494 or $500 a month to *2X $250 a month during the period of time that there is a small number of consumers in the district. -20 - Suspend Rules and ask Mr. Hankin. Robert Hankin- That letter was put in strictly as a matching offer to Mr. Lafko's first offer. Strictly on a temporary basis. Quinn - my first conclusion was right. Hankin - right. It's just a matching offer until bids are given out, as soon as bids are given out, we expect this will be taken marn back. Quinn - this is an offer to provide service during an emergency period, until there is time to properly advertise for contracts and award bids. Bulger - if we take over any additional lands and are faced with problem of needing an emergency operator, they will be available. Fulton - received this letter October 5. Also implying to it interim period, but apparently not applying to Rockingham District. Louis Eck - opposed with this particular corporation operating this plant. Fulton - confusion was, we thought that possibly this applied to Rockingham Plant. Quinn - Mr. Hankin just explained he didn't mean this to apply for Rockingham bids. If a new plant was p opened tomorrow and a licensed noperator was needed, this Board could go out to any engineer. Hankin - would it solve your problems if I withdrew the offer? Resume Rules Bulger - to clarify the whole matter, write back to ECC and state that apparently their letter is subject to misinterpretation and they should be more imp specific if they wish to resubmit. Clausen - blanket offer for any plant to be operated when the need arises. Francese - would like to see a more detailed statement. When I first read, it was very confusing. Quinn - you have offers and you can get more offers in the future from anybody else. If and when the need arises, pamx you're going to have to make a decision. Bulger - the only reason I think we should get clarification on this is because 2 months from now somebody is going to say this was said and that was said. If it was more clear and definite when we picked it out of the file, we would know exactly what was proposed. Clausen - can this letter be katp kept on file and an amendment be added to it? Bulger - request them to be more specific. Motion made by Bulger, seconded by Francese. R Unanimous. %or 5. - bids for Rockingham Sewer Plant Operator - Francese - motion that the bids formally submitted and are in order. Motion Made by Francese to award contract to the lowest bidder(ECC). Seconded by Clausen. Two bidders were ECC and Lafko. Lafko $567.50 - ECC $494.50. ECC - $494.50 a month, this information be stated in the motion. Unanimous. 6. Cortellino - We took a vote and would like to express thanks to the Board for handling apartment complaints of the people. We want to know why bonds always have difficulties in getting cleared. Mr. Quinn in August told me he was working on contract for snow removal. No Contract? Fulton - it needs Mr. Lafko's signature. Cortellino - L & A sewer plant, are negotiations still going on? has L & A been contacted about purchasing it? Board - yes. Cortellino - haven't received report of Adler & Brenner. H Can the district, as it is, support itself? Fulton - there is a basis for these negotiations andk how we can make this rate reasonable. We are negotiating. Cortellino - roads, monuments, and drainage. Bulger - we referred monuments to counsel because difference in filed map. At the last meeting we had two documents. You showed copy of plan which had monuments on it. We also had another document that said monuments were not waived. Paragraph 4 was not waived. Clausen - counsel, has proper authorities been so advised that monuments must be put in? Quinn - when this point first came up, there were many items. Somebody made a bet as to what was waived and what wasn't. Planning Board approval was gotten out. 2 letters. First letter was approval, second was amendments. Bulger - we need to take some action. Quinn - developer has to put monuments in. Bulger - whose responsibility is it to direct communication? Should we direct it to counsel? Clausen - section of the subdivision regulations prohibits changing after filing of map. Quinn - changing of layouts and scheming of subdivision. Most of these things we are discussing here are not part of the map, they are pa part of the approval of the Planning Board. They may show on preliminarires and various other drawings that are submitted. Under Section 267 & 8 of the Town Law, Planning Board has the right to waive these. Waiver -23 - they made did not require new approval of the plat or new public hearing. Clausen - change in lot lines? Quinn - change in lot lines Mr. Landolfi is talking about is different. Somebody brought a lot from a developer and built a house to close to the line. He went to the developer and lummilt bought 10 ft. He was in violation of the Zoning Ordinance. Landolfi - one lot didn't come to minimum 15,000 sq. ft. Mr. Klein did it. Quinn - the Planning Board approved that lot and every lot in the subdivision when they handed down the approval. They also may waive lot area. Fraud or deceipt of the Planning Board. Landolfi - as a result of that, a telephone pole is in the middle of my driveway. Quinn - I told you that because this was a private matter with Central Hudson. Landolfi - I feel that indirectly it comes back to the Planning Board. Cortellino - monuments, we're entitled to them, right? Fulton - right. Cortellino - drainage, even in the hills we get flooding. The roads are certainly beyond passable. Apparently, this missing extension has not turned up. Clausen - do we know, as of this date, that tkamix a there was an extension? Quinn - bond was issued by a surety company. I find no record of that bond having been accepted by the 8 Town Board, but that bond ran from fall of 1965 until 1967 and it did appear that it was everybody's intention to accept the bond. Clausen - matter of fact is the extension wasn't granted? Quinn - I am under the opinion that the bond probably was accepted, but depending on the practice of the Board at the time, there is no way of knowing. They didn't used to act quite so formally. Clausen - even if the Board was not formal and it wasn't the practice of the Town, that doesn't make it right. As far as the Sema® Town Board xi is concerned, we've never granted an extension to 1967. Quinn - I don't think this Board ever did. Landolfi - you sent the people from the apartments away with a good impression. Fulton asked Kelley what his recollection was in reference to the bond. Kelley - I can recall that the bond termination date was about March, 1966. I can recall that I advised the Board at the time not to call the bond. Reilly - same recollection as Kelley's. Clausen - have overgone m winter. Roads were in bad condition. We agreed do to wait until June when roads would be better. This was in a constitution. Lafko - to help the Board, every bond you ever accept has a one year maintenance period in it. This road was in order and completed as such in the latter part of October or November of 1965. The bond period of accomplishing that work - we have until March 2, 1966. There is a maintenance period. In the executive session it was brought up out and I was mailed a list and requested to make certain corrections approximately in the musk month of June. Clausen, Kelley, Alexander, myself had a session. We completed the list by correcting conditions caused by one of the builders we sold lots to. It was held because it was held on the Wildwood people's request and the Town on how wex were to finish off the drainage. We've finished all but coating. Whatever you decide to do with the ditch you will have to send heavy equipment in there and you will only tear the road up. If it is resolved what to do with the ditch 14 in Wildwood, we could gat got go ahead and this could be resolved. We will have to and we will regrade what is there before the winter time. If the w town wants us to take the coating back off we put on, give us a release to that effect. The purpose of that was at the time we coated roads in Hamm November, the engineer and Town Supt. at the time didn't want us to complete the other section where there was no houses because at the time, the gravel bank wasn't on it. We will do this. We are in the process of putting that road in now. If there is anything elee I can try to clear it up. Drainage is the builder's problem, that's on the lots. K Corrected some on roads. Kat Klein brought french drains out from houses directly into the subgrade of the roads which we were not aware of. This was the fault of the builder and not ours. There's another part in here that I can remember is when you got into the wit winter period last year, it tied in with the pipe not being installed. KXH Extension given at that time until it got up to a season that it could be corrected. Cortellino - foot of the hill of Dennis Road if you go out onto Widmer. Lafko - completely covered over by dirt and rocks. Somebody has tics taken 3 or 4 hundred pound boulders on the pipes. They were in the pipe two days before the storm and still are there today. Cuts off half the effectiveness of the pitm pipe. Clausen - some of the back-up was s dmt due to the fact that this pipe wasn't big enough. Francese - Ease Main Street hill that evening between 9:30 and 10:00 there was at least 4 to 6 inches of water from building to building ac roes main street hill. Lafko - developers in this area are waiting for the Town Board to take action. People are waiting for the Town Board to take action. Fulton - Board has got to act on recommendation of highway Supt. and engineer to the Town. On the drainage, roads, monuments. Suggest motion be made here they bring in recommendation of* just what the Board should do. Kelley - if monuments are required they have to be put in prior to final acceptance. Recommended certain things we would like to see done. For the successful completion of the subdivision. Appraisal should be requested. Clausen to Kelley - p following reoommendations to the Board it was turned over to the attorneys for some way of solving these problems. We were supposed to get together with attorneys. Wonder if what isn't needed here is just xk that meeting. Set night for meeting again with Lafko, Alexander, their attorney, Town Board, Engineer, Supt. of Highways, Town Engineer. Meeting be held Thursday the 13th between Town Board, other affected Town officials, Lafko & Alexander and representatives, to resolve any differences we may have in regard to the requirements for Wildwood. 7. Bulger - move that the Supervisor to the Town be given voluntary authority to sign the contract with Raymond & May. 8. Engineer to the Town - deferring action on this. 9. Request for formation of transportation corporation by Spook Mill Properties, Ino. - -27. • Clausen - does the Town Board have to give approval to a transportation corporation? Quinn - no, not as such. Alternative to provide k municipal sewage. Clausen - if the Town Board refused, could the developer go septio? As far as the Town of Wappinger is concerned, if we didn't want any more plants in the Town of Wappinger, we could refuse them and give them option of going septio. Quinn - I don't think this is direction. Basically, trans- portation corporation law gives developer right to form oorporation to collect and dispose of sewage. Built in protection for municipality to make advanoe arrangements to eventually acquire plant and foim district. I think in hearing that is some duty from municipality to either permit transportation oorporation mm or in the other hand provide municipal facilities. Clausen - they could elect to come before the Town Board for Article 10 and if the Town Board finis Um is willing to give this the okay. But if the Town Board feels there are too many, they could deny this on those basis and they could then go back to septic if they qualify. Quinn - let's assume the other side of this question, that the County Health Dept. either has or does prohibit that method of disposal, under your first set of facts I think your answer would be yes. However, under your next set of facts, I don't think the developer would be in a position. Clausen - isn't this the intent of the Ordinance that where a developer qualifies for septic he has good drainage? Drainage is so good he can come in and increase dttts density. Bulger - may I ask you to consider these points - to me, on the face of it, there is no difference in whether you have one large sewage treatment plant or whether you have 50 or 100 septic tanks except for the fact that a well designed, well installed, properly operated sewage treatment plant gives you treated effluent as its ultimate discharge. On the other sideiii.► two side of the fence, a septic field gives you nothing but treated, naturally Tormented wastes. Clausen - seems we were left with the Uetd ohoioe of either having to give developer central sewage or article 10. What you say may be correct but my point is I don't think the Town has to give it. If we refuse either he still has choice to go septic. Are we obliged to give this? Quinn - generally speaking, yes. Representatives here. They may have knowledge as to whether Dutohess County will permit this. Clausen - is it possible that the land is not suitable for development? Quinn - this is up to the Planning Board. New York State and Dutohess County Health Dept. geared to eliminate private sewer fields. Clausen - preliminary approval did not mean that this is an aooepted method of discharging wastes. Quinn - means exactly what it says. Unless there are facts. Jim Coombs representing Russell Aldrich office - County Health Dept. will not approve m individual septic systems in this subdivision. Expand on what Mr. Quinn said about article 10. Hi brought up fact that you were protected to certain extent. Also in that artiole, protection of health tenants in the County. The approval of not the County but the New York State Health Dept. We have, as of February 10, 1966, tentative approval of our plans which have been submitted to the New Fork State Dept. of Health. That is, they believe the effluent will not be detremental to this community. We are now in a situation where we cannot use individual septic systems. Either article 10 corporation or municipal sewage system. Every step of the way we will be under the sarupilance of an engineer suggested by the Town Board who will arrive at option price so that at suoh time as you deoide to. The depreoiation schedules and the manner of depreciation is extremely similar. By the same reasoning, this system of optioning and depreolation will protect the residents of the Town. Our interpretation of the law -29.. is the same as his. We are faced with the situation now where we onn reoeive no more adjournments from the Town Planning Board so we must resolve it by November 15. We would prefer, however, that we obtain approval for this article 10 corporation. Quinn - I go along generally with what Mr. Coombs says. 1. This Town Board is not dependent on any engineer as to what any option price will be, 2. Should there be the possibility of municipal sewage, it is the polioy of this Town that the system will be built by the developer and demanded or turned over to the Town free of charge. System which is of demanding dedication of such a system free of oharge to the Town. Worona - baok in May, policy annunciated by this Town Board no more transportation ool'porations. In addition to whioh followed by recommendation discouraging large of small areas. If last week resolution was adopted in view of a oontraot at the earliest moment this proposed subdivision be in the very center or part of that district. Under those circumstances certainly any way anyone can force the Town to contemplate a -municipal Plant - you oan't be forced to grant it. It says if that is so the discretion is yours. Coombs - what he states about the rules of law are quite true. What he implied whioh isn't true is we have not complied with the law. Refer this to counsel. 10. Prager - Quinn - assume this is similar to Swenson application. Bulger - request is so worded that it is open to two interpretations. Backlight that there have been objections on the part of neighbors for removal of soil that has been _going on here. Operate some kind of open line. The request leaves it open to question. Request from Mr. SwBenson had many specifications in it. quinn - if it is an a^.plication to extract gravel or to bring it in. Can refer it to the Planning Board and have them give you a recommendation on -30 - it. Take into consideration. Fulton - I do have a feeling that anything like this we should refer to the Planning Board. Bulger - I would suggest that we refer it to counsel so that the applioati on before us that we refer to the Planning Board we know on the face of the papers before us what we are referring.to. Ludewig - received complaints that Prager was operating gravel business. Pointed out it was illegal and he had to apply to the Town Board. Attor ney called me this afternoon. I think they understand now what they are going to do. Francese - make motion to inform Prager that the Board feels there is not proper application before Town Board. Seconded by Bulger. Unanimous. Fulton - as it is now we are aooepting applications. Can we make a motion Notify Planning Board that any further applioations will be sent to them. Motion made by Franoese, seconded by Bulger. Any further applications that come before this Board for all land uses involving mining or extraction of gravel for land use, etc. shall be first submitted tF to the Planning Board for recommendation. Also recommend that letter or directive be sent to the Planning Board notifying them of this. Unanimous. 12. Two resolutions on Rockingham Sewer - Bulger - we adopted resolution and titny these are technical. Motion made by Bulger, seoonded by Motion made by Clausen, seconded by RN= Bulger. Unanimous. 13. Resolution of intent - Fulton - as member of sanitary ka fttt landfill corporation. Pressures put on by garbage men. As a result of this I have talked to members of the Board and the purpose of this is resolution of intent. As the Town of Wappinger is a local member of the Board Sanitary Landfill Corporation. -31 - Any further amounts of money for future proceedings such as the legal and engineering costs, they are going to be required to develop the proposition. It is the purpose of this resolution to declare an intent of this Town Board. Letter from David N. Roffsky. Resolution. Bulger - how long will that option be for? Fulton - will be spelled out at the end of the 15 or 16 year period. Acceptance of this by the Town Board can send us into joint sanitary landfill operation. Taxpayers of three towns and two ft villages. Combinations for all times. It is going to be a good thing. I think right now the rest of the members of this corporation - you've read in the papers that we have upset a few appleoarts. I think we should go on here or go farther providing we are going to go ahead. The prices are generally the same. Economies about the same as the Stoneykill property. L'Arohevesque - 80,000 less. Fulton - report from Chazen on feasibility of this project. These things are feasible but I think the determination we are making now is for something different than just village and town. I want to get vote from this Board tonight with the intent that we should go from here. Clausen - in our minutes with the Village we stated that we would meet with them prior to any commitment with the Town to talk over possibility. Next couple meetings meet with them first. Wondering if we have commit- ment with the Village and they read this in the paper, 'kat sat it will look like we don't follow through on commitments. Fulton - two Vtllgge members st were with me when I stated this intent. Bulger - If I recall you met with the Village last Thursday night. Fulton said this plan had been arrived at Sundry awritag night. Finalized Sunday night. Village representative was in all agreement with it. His rep- resentative had acct not reported to the Board. We have this to discuss with them, we have the police, and we have the airport. We are on record. -32- rrancese - I had the understanding that the Village met on this the other night and they all seemed t very happy at with it. Fulton - basically we have got to make up our minds ass a Town Board too. Clausen - you're diving intent to go with municipality. What I said was the night we met with the Village ss int zummarx matt Furnari said he had not heard about that plan but he would be willing to sit down and talk about them. We shouldn't decide to go sit or not to go. We still have in the minutes the intent to meet with the Village and discuss this problem. If tic mat s mattmr mt tam If it is in a matter of two or three days I think it would be good practice meeting with them and discussing these three issues. II; UX Fulton - Village representative was in on this meeting and has declared his intent. Bulger - he has to committed Village to the joint action regardless of fir., whethet we have a meeting with the Village Board. Clausen - what we are asking tonight is if we commit ourselves to go. Fulton - these -greements here shall have to be made by the Town of Wappinger. Spend money to make up necessary documents they are going to gb ahead with that now on the basis of our intent here. a Fulton to -Clausen - are you reserving the right you've hAd the figures to devel,p both plans and you still think you may not approve of the joint venture. Clausen - there are other things to be considered. Fulton - is the only thing to be oonsidered something that the Village is going to do? Suppose you go to the Village and the Village says yes, are you inolinod to go that way? Clausen - the costs aren't the only things involved here. Possibly truokin 'fir g,X possibly all the gravel excavated from it might be used by the Town of Wappinger as an asset. L'Arohevesgye - all that is needed is declaration of intent by the Town Now `0r -33- Board. Fulton - ie*ggq beginning to thilik Lou has very hard reservations here. Bulger - from all you've told if it wig your opinion that if we do not take action here then the whold joint plan is in danger of falling. Motion made by seconded by Clausen. Unanimous. Bulger - as everybody will recall we have passed a resolution to place first plass town on the ballot. I think we are negleottng fact that this resolution and its merits and tine all thosd factors involved are not being Presented tl the people. ?We need to get together with the committee that did the study and draw up publicity so that the people are w haws well informed. Clausen - I remember bringing this up at one of our first meetings. Bulger - you will have d candidates running for the offices if the proposal passes you will have candidates running for the offices that will be vacant. X Unless the people know they have this option they are going to say by voting this oration they are going to end up with 25 -man police force. What will be immediate effect of the *KW( passage or rejeotion of the proposal be and how they may further register that option to anything they have seen in first plass town and would not like to see in Wappinger if it becomes a first class town. Bulger - I think we should do it speedily. Unanimous. Bulger - necessity for developing building codes. We should ask building et inspector in consultation with Town Attorney and Engineer to the Town in stating recommendations. Clausen - recreation commission brought up the fact that they would like to see the Town Board acquire recreation deeds for recreation. Bulger - in the case of Rockingham Sewer District - now that we have -34 - established it, we have operator, are we going to need a plumber or eats someone to come in and fix it night or day? Kelley - in the contract. Motion made by ClaOaen, seconded by Bulger, to adjourn. 12s18 p.m. Unanimous.